LexCENTRE FOR PUBLIC INTEREST LITIGATION versus UNION OF INDIA AND OTHERS ,
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[2013] 9 S.C.R. 1103 CENTRE FOR PUBLIC INTEREST LITIGATION v. UNION OF INDIA AND OTHERS (Writ Petition (Civil) No. 681 of 2004) OCTOBER 22, 2013. [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] PUBLIC HEALTH: A B Food articles injurious to public health -- Held: Art. 21 of c the Constitution of India guarantees the right to live with dignity - Any food article which is hazardous or injurious to public health is a potential danger to fundamental right to life guaranteed under Art.21 - Children and infants are uniquely susceptible to the effects of pesticides because of their 0 physiological immaturity and greater exposure to soft drinks, fruit based or otherwise - A paramount duty is cast on the State and its authorities to achieve an appropriate level of protection to human life and health which is a fundamental right guaranteed to the citizens under Art. 21 read with Art. 39(e) E and (f) and Art. 47 of the Constitution - Therefore, provisions of FSS Act and PFA Act and the rules and regulations framed thereunder have to be interpreted and applied in the light of the Constitutional principles, and endeavour has to be made to achieve an appropriate level of protection of human life and health - Considerable responsibility is cast on the Authorities F as well as the other officers functioning under the Acts to achieve the desired results - Constitution of India, 1950 - Ars. 21, 39(e)(f) and 47 -- Food Supply and Standards Act, 2006 - Prevention of Food Adulteration Act, 1954. PUBLIC INTEREST LIT/GA TION: Writ petition before Supreme Court - For constituting a Committee of Experts to evaluate harmful effects of soft drinks 1103 G H 1104 SUPREME COURT REPORTS [2013] 9 S.C.R. A on human health particularly on health of children, and to take regulatory measures - Held: Adequate provisions have already been made in various Acts, Rules and Regulations - - By and large, the various grievances raised by the petitioner are covered by the legislations - Their enforcement has to be B ensured by the authorities concerned -- FSS Act has been enacted to consolidate laws relating to food and to establish the Food Safety and Standards Authority in India for laying down science based standards for articles of food -- It provides for machinery for examining the grievances and if a citizen c has got any complaint with regard to the ingredients of any soft drinks, he can approach the machinery -- On the basis of the orders passed by the Court and in exercise of powers conferred uls 13(4) of the FSS Act, the Food Authority, constituted an expert ScJentific Panel on Labelling and 0 Claims/Advertising and that Panel, after examining the various grievances raised by the petitioner and giving an opportunity of being heard, passed an order on 12.9.2012 - Food and Safety Standards Authority of India is, further directed to gear up their resources with their counterparts in all the States and Union Territories and conduct periodical E inspections and monitoring of major fruits and vegetable markets, so as to ascertain whether they conform to such standards set by the Act and the Rules - Respondents shall strictly follow the provisions of the FSS Act as well as the Rules and Regulations framed thereunder - Constitution of India, F 1950 - Arts.21, 39(e), (f) and 47 - Food Supply and Standards Act, 2006 -- Prevention of Food Adulteration Act, 1954, Food Safety and the Standards (Food Products Standards and Food Additives) Regulations, 2011 -- Food Safety and Standards (Packaging and Labelling) Regulations, 2011-- G Fruit Products Order, 1955. The petitioner in the instant writ petition filed in public interest, sought for constituting an independent Expert/ Technical Committee to evaluate the harmful effects of H soft drinks on human health, particularly on the health of CENTRE FOR PUBLIC INTEREST LITIGATION v. 1105 UNION OF INDIA children and for a direction to the Union of India to take A regulatory measures in this regard. It was mainly submitted that there was no proper regulatory regime in place to evaluate the harmful effects of soft drinks on human health, particularly on the health of children and also there was no mechanism to control and check the B contents in particular, chemical additives in food, including soft drinks. Disposing of the petition, the Court HELD: 1.1 The manufacture and sale of carbonated C soft drinks is regulated by the Prevention of
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